The Court of Appeal gave judgment in respect of the suit on July 1st 1996. The notice of appeal was not filed until October 4th 1996.

Respondent's put their preliminary objection to the appeal in their briefs of argument stating that the appeal was filed two days out of time and therefore not properly before the Court. They relied on Section 27(2)(a) of the Supreme Court Act which states that a notice of appeal against a final decision of the Court of Appeal must be filed within 3 months of the delivery of the judgment.

Appellant's argued that they had requested for an extension of time to appeal and an order deeming as properly filed and served the notice of appeal dated 4th October 1996. The said request was granted and appellants contended that the grant gave competence to the appeal.

Added to this it was argued that the practice direction issued by the Chief Justice of Nigeria proved that time did not run against the matter as a substantive part of the three months fell within vacation period. He therefore submitted that the motion for enlargement of time within which to appeal was superfluous.

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